Part 2 of 2: Tell it to the magistrate …

How to avoid 3 huge mistakes that can put your workers compensation benefits at risk.

Yesterday, we blogged about common mistakes people make with their cases. These mistakes can jeopardize their ability to collect workers compensation benefits. Here are some suggestions on how you can avoid these issues and protect yourself.

Remember, every case is different and it is best to speak with an experienced workers compensation lawyer about your individual situation.

Mistake #1: Refusing to attend the IME

You are generally required to attend an independent medical evaluation (IME) if scheduled by your employer or its insurance company. Failure to keep this appointment could result in forfeiture of workers compensation benefits.

We think it is important to attend this appointment and not give the insurance company any excuses. Testimony from a treating doctor can always be used to challenge a bad medical opinion. Magistrates know these doctors are handpicked by the insurance company.

Mistake #2: Walking away from your job

The worst thing you can do is quit your job in anger. Employers try to make it difficult with the hope that you just give up. Walking away without good cause means benefits will be lost.

We tell our clients to attempt any offer of reasonable employment and go home if the work is too hard. The magistrate will hear at trial how this job was not what it seemed.

Mistake #3: Not looking for a new job

Michigan law requires that a person apply for jobs within his or her restrictions. It does not matter whether they are still employed or even receiving other disability benefits.

Insurance companies can also use “wage earning capacity” to stop benefits. A magistrate may consider a good-faith job search to determine whether these jobs really exist. This is a critical step in most workers compensation cases.

To speak with one of our Michigan workers compensation lawyers, call (855) 221-2667 for a free telephone consultation.

Alex Berman is the founder of Michigan Workers Comp Lawyers. He’s been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.

Related information:

Do I really have to look for work? But I’m disabled!


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